Title 43 Pa. Code — Military Affairs

Part I Department of Military Affairs

Chapter 3 State Armory Board

43 Pa. Code § 3.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Armory—As defined in 51 Pa.C.S. § 102 (relating to definitions), lands, buildings and fixtures used for housing elements of the Pennsylvania military forces. Department—The Department of Military Affairs of the Commonwealth. Local board—A local armory board of the Commonwealth. Pennsylvania Guard—As defined in 51 Pa.C.S. § 102, those organized units of the Pennsylvania military forces which are not Federally recognized or which serve under the authority of the Governor when the Pennsylvania National Guard, in whole or in part, is on extended Federal active duty. Pennsylvania military forces—As defined in 51 Pa.C.S. § 102, the land, air and sea military units organized for the internal security of this Commonwealth. Pennsylvania National Guard or PNG—As defined in 51 Pa.C.S. § 102, the Pennsylvania Army National Guard and the Pennsylvania Air National Guard. State Board—The State Armory Board of the Commonwealth.

The provisions of this § 3.1 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4289).

This section cited in 43 Pa. Code § 3.81 (relating to transfer of local board control).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.2 Composition of State Board.

The State Board shall consist of the Adjutant General, who shall act as Chairperson, and five members appointed by the Adjutant General. Three of the members of the State Board appointed by the Adjutant General shall be members of the Pennsylvania National Guard. The State Board shall appoint a Secretary, who need not be a member of the State Board.

The provisions of this § 3.2 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4289).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.3 State control.

(a) Armories are erected, acquired, leased, licensed and sold under the direction and control of the State Board.

(b) The State Board shall provide, equip, maintain, manage and regulate armories for the use of the Pennsylvania military forces.

(c) The State Board may waive the application of all or any part of this chapter if the State Board deems total or partial exemption from this chapter appropriate in the best interests of mission accomplishment by the Pennsylvania military forces or units of the Pennsylvania military forces.

The provisions of this § 3.3 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4289).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.4 Access to armories.

The Commander-in-Chief, the Adjutant General, members of the State Board, National Guard officers in the chain of command and State Board inspectors shall have access to the armory. A person authorized by the State Board, or detailed by proper military authority, shall have access to the armory, as required by the authorization or detail. A visitor or inspector shall demonstrate clearly to the local board the need for access to an arms storage vault.

The provisions of this § 3.4 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4290).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.21 Composition and authority of local boards.

The local management of armory facilities under the control of the State Board is entrusted to a local board. The local board will consist of a minimum of five and a maximum of 11 members; the members will include a Chairperson, a Secretary and a Treasurer, who will be officers or noncommissioned officers of the Pennsylvania National Guard. The senior military officer commanding local troops is normally the Chairperson of the local board. The senior commander will select prominent citizens from the community and retired guardsmen who will be encouraged to be active members. One of the non-National Guard members will be designated to assume responsibility for the armory, including the premises, equipment, supplies and property, in the event the unit is mobilized. Reference should be made to § 3.81 (relating to transfer of local board control). The organization of the local board will be recorded on Form MAAB-5-1M-55 and forwarded in duplicate to the State Board for approval. One copy of the approved forms will be returned for local board files.

The provisions of this § 3.21 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4291).

This section cited in 43 Pa. Code § 3.81 (relating to transfer of local board control).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.22 Meetings.

The local board will conduct regular meetings, at least once every quarter or at the call of the Chairperson. Minutes of meetings will be kept by the Secretary and placed on file in the armory. A copy of these minutes will be forwarded to the State Board for permanent file. The custodial worker or senior State Board employe assigned to the armory shall report to the local board at regular meetings. This report will cover the condition of the armory with respect to any required maintenance and repairs, condition of the grounds and status of custodial supplies. If the State Board employe is a member of the local board, he will be an ex officio member without vote. Local board meetings will be open to the public in accordance with 65 P. S. § § 261—269.

The provisions of this § 3.22 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial pages (4291) to (4292).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.23 Reports.

The Secretary will include in his report, during regular meetings of the local board, information concerning nonmilitary use of the armory and rentals of the armory.

The provisions of this § 3.23 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4292).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.24 Inspections.

A formal inspection of all parts of the armory, including the exterior of the building, pavements, driveways and grounds, will be made by the local board at least four times a year. The custodial worker or senior State Board employe assigned to the armory will accompany the local board during these inspections.

The provisions of this § 3.24 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial pages (4292) to (4293).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.31 Military use.

Armories are for military use by local units of the Pennsylvania National Guard, and are not public buildings in the sense that they may be entered into, or used by civilians, unless the entry or use is approved in advance by the local board or State Board.

The provisions of this § 3.31 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4294).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.32 Improper use.

The armory may not be used for the care or storage of a property other than the property issued by the United States government, or the Commonwealth or property belonging to the Pennsylvania National Guard organizations. Exceptions may be granted by the State Board upon written request.

The provisions of this § 3.32 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.33 Alcoholic beverages.

The use or distribution of alcoholic beverages in the armory or on the premises is prohibited during operating and training hours.

The provisions of this § 3.33 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.34 Gambling.

Forms of illegal gambling are prohibited in an armory or on its premises.

The provisions of this § 3.34 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.35 Repairs.

(a) Minor repairs and improvements to the armory may be accomplished with local board resources. However, no permanent structural changes, such as installation of partitions, removal of doors or remodeling of functional areas, shall be made without prior authorization and approval of the State Board.

(b) Repairs and improvements to the armory involving State Board funds shall be approved in advance by the State Board. Payment for repairs, improvements or purchases of materials without prior approval will be the responsibility of the local board.

The provisions of this § 3.35 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.36 Nonmilitary use.

Use of the armory for other than military purposes shall be approved in advance by the local board and State Board.

The provisions of this § 3.36 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.37 Short-term rentals.

(a) The local board may enter into a rental agreement with responsible persons or organizations at rental rates established by the State Board, subject to the following conditions:

(1) The rental agreement form provided by the State Board will be completely executed and approved in advance by the State Board.

(2) The rental will not interfere with military operations.

(3) The rental fee will be paid in advance to the State Board, at the rates set forth in § 3.39 (relating to rental costs).

(4) An authorization for the use or rental of the armory premises will be carefully reviewed by the local board to insure that the use or rental is in full conformity with acceptable community standards and their regulation.

(5) A member of the local board, or an authorized representative, will be present at all times while the rental use is in progress to provide for physical security of the premises.

(6) The rental agreement shall provide that the renter of an armory shall be responsible for replacement of the armory or its repair in the event of damage or destruction caused during or as a result of the rental use. The renter shall procure, at the expense of the renter, property damage insurance for the armory premises in an amount specified in the rental agreement, to insure the premises against damage from any cause related to the rental use of the armory. Prior to commencing the rental use, the renter shall provide the local board with a certificate of insurance indicating that the required amount of coverage is in force.

(7) The rental agreement shall provide that the renter agrees to indemnify and hold harmless the Commonwealth, the Department, the State Board, the local board and their agents, employes and assigns, against any and all claims, demands or actions that may be brought against them for personal injuries, death, property damage and the like that may arise out of or result from the rental of the armory or occur on the armory premises during the rental period. The renter shall procure, at the expense of the renter, appropriate public liability coverage naming the Commonwealth, the Department, the State Board and local board, and their agents, employes and assigns, as additional insureds. The amount of liability coverage to be procured shall be specified in the rental agreement and shall depend upon the nature of the rental use. Prior to commencing the rental use, the renter shall provide the local board with a certificate of insurance indicating that the required amount of coverage is in force for the rental. When the lessee is a governmental agency that provides self-insurance, the lessee shall provide a letter to that effect indicating the limitations on self-insurance coverage and the authority for such coverage.

(8) The renting agency shall pay the State Board for the services of a temporary State employe, or for the overtime services of a permanent State Board employe required as a result of the rental. Reference should be made to § 3.39. Use of personnel other than temporary State employes or State Board employes to provide security and custodial services required as a result of a rental is prohibited, unless the personnel receive no compensation for their services from any source.

(9) Every rental agreement shall provide that it is subject to cancellation or termination by the Adjutant General or his designee, without liability to the Commonwealth, the Department or the State Board or local board, when the armory is deemed necessary for use by Pennsylvania military forces or units thereof during periods of active State duty or to carry out other military requirements.

(b) Rental of the armory for nonmilitary purposes at a rate less than that established by the State Board may be approved by the State Board upon the recommendation of the local board. The recommendations should be for community service activities that support the goals of the Pennsylvania National Guard, or for events that do not require full use of the armory.

(c) Free use of the armory for nonmilitary purposes may be approved by the State Board upon recommendation of the local board. The recommendations should be for nonrevenue-producing, community service activities that support the goals of the Pennsylvania National Guard. Social functions sponsored by the PNG organization occupying the armory, where the purpose is to raise money for an organization fund that would be expended for the benefit of the entire military organization, may be held in the armory without the payment of rent. However, this permission is not to be construed as applying to a continued series of entertainments sponsored by the military organization. The instructions pertaining to the use of personnel to provide security and custodial services as a result of a rental of the armory contained in subsection (a) (8) apply equally in the free use of an armory for nonmilitary purposes.

(d) The following procedures will be followed for rentals:

(1) The local board shall execute three copies of the rental agreement form provided by the State Board, including signatures by a local board representative and an official of the renting agency.

(2) The three copies of the rental agreement, with the check for payment of the rental, will be transmitted to the State Board for approval. Submission shall allow sufficient time for State Board approval in advance of the proposed rental date.

(3) The original and one copy of the approved rental agreement form will be returned to the local board. The original will be filed by the local board and the copy will be given to the renting agency.

(4) There may be occasions when, due to circumstances beyond local board control, it will not be possible to complete the processing of the rental agreement forms in advance of the proposed rental date. In such cases, advance telephone approval of the rental will be obtained from the State Board and the rental agreement forms will be processed, as outlined in paragraphs (1)—(3), as expeditiously as possible.

(e) Rental agreements shall provide that the renter will not discriminate on the basis of race, color, creed, national origin or sex in the rental use of the armory premises.

The provisions of this § 3.37 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.38 Long-term rentals.

(a) The State Board may approve the leasing of an armory or armory land under a long-term lease when the State Board determines by majority vote that the armory or armory land will not be necessary for military purposes during the term of the lease.

(b) The term of a lease under this section may not be more than 1 year, provided that the lease may provide for renewals for a like term for a period of up to no more than 5 years, at the option of the State Board.

(c) Leases of armories and armory property shall be for fair market rental as determined by the State Board. However, the State Board may approve a long-term lease for less than fair market rental when it determines that the lease is in the best interests of the Commonwealth because the lessee is a nonprofit, community service, educational or governmental entity.

(d) Long-term leases shall provide that the Adjutant General may terminate the lease upon 15 days written notice when the Adjutant General determines, in his sole discretion, that the armory or the armory land is necessary for use by the Pennsylvania military forces. The lease shall also provide that when an emergency is declared or threatened, the Adjutant General may suspend or terminate the lease agreement immediately and the Pennsylvania military forces may take immediate possession of the armory.

(e) Long-term lease agreements shall provide that the lessee shall procure at the expense of the lessee property damage insurance to insure the leased premises against damage by fire, storm, vandalism, civil disturbance or natural disaster. The amount of the insurance coverage shall be specified by the lease agreement and, prior to the commencement of the lease term, the lessee shall present to the State Board a certificate of insurance indicating that such coverage is in effect for the term of the lease and any renewals thereof. When the lessee is a governmental agency that provides self-insurance, the lessee shall provide a letter to that effect indicating the limitations on self-insurance coverage and the authority for such coverage.

(f) The lease agreement shall provide that the lessee agrees to indemnify and hold harmless the Commonwealth, the Department, the State Board and their agents, employes and assigns against claims, demands or actions that may be brought against them for personal injuries, death, property damage and the like that may arise out of a transaction or occurrence or act or omission concerning or happening on the leased premises during the term of the lease. The lessee shall procure at the lessee’s own expense public liability coverage naming the Commonwealth, the Department, the State Board and their agents, employes and assigns, as additional insureds. The amount of liability coverage shall be specified in the lease agreement. Prior to the commencement of the lease term, the lessee shall present to the State Board a certificate of insurance indicating that the required insurance is in force for the lease term and any renewals thereof. When the lessee is a governmental agency that provides self-insurance, the lessee shall provide a letter to that effect indicating the limitations on self-insurance coverage and the authority for such coverage.

The provisions of this § 3.38 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.39 Rental costs.

(a) Rental fees for each armory are computed annually by the State Board, based upon prior year actual operating costs for the armory, less personnel costs and improvements. These fees are not intended to be revenue-producing. Rather, the fee is intended to reimburse the State Board for the increased use of utilities and supplies anticipated as a result of the rental. Current rental fees for each armory appear below. The hourly fee is to be used when the armory is rented for four hours or less. The daily fee is to be used when the armory is rented for more than four hours.

(b) Temporary State employes and permanent State Board employes providing services required as the result of a rental will record the hours worked on time and attendance cards and be paid for services through normal payroll channels. The renting agency will be charged for these services, to include payment of fringe benefits. The hourly rates to be charged the renting agency are listed below:

(1) Permanent State Board employes:

(2) Temporary State employes:

The provisions of this § 3.39 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

This section cited in 43 Pa. Code § 3.37 (relating to short-term rentals).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.41 Supervision.

The local board is responsible for the supervision of custodial, maintenance and security personnel that are employes of the State Board providing services to the armory. These personnel should be instructed carefully on their duties and responsibilities.

The provisions of this § 3.41 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4294).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.42 Duties.

(a) State Board employes are responsible for maintaining the buildings and grounds in a clean, orderly condition at all times; for assisting in keeping the building and fixtures in a good state of repair; and for the duties pertaining to good housekeeping, maintenance and security of the armory.

(b) State Board employes are responsible for the care and condition of the building, and have the authority to take necessary measures to prevent abuse of the premises, fixtures, and State or Federal property stored therein.

The provisions of this § 3.42 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial pages (4294) to (4295).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.43 Working hours.

The working hours of State Board employes shall be carefully defined by the local board, and shall be coordinated in advance with the State Board to avoid any possible deviation from normal payroll procedures. Approved work schedules shall be posted in the armory. The work schedules may not be changed without 2 weeks advance notice, except in emergency situations.

The provisions of this § 3.43 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4295).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.44 Supplies.

(a) The local board is responsible for maintaining a proper stock of janitorial supplies for use by custodial workers. These supplies are provided by the State Board.

(b) A small room in the armory should be reserved for storage of janitorial and maintenance supplies and equipment for use by State Board employes. This room should be kept locked, with the key in the possession of the State Board employes.

(c) In cases of disorderly conduct, abuse or damage to the buildings or fixtures, the State Board employe will report the incident to the Chairperson of the local board.

The provisions of this § 3.44 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4295).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.45 Pay.

State Board employes are paid biweekly. Time and Attendance Report, MA-AS Form 18, will be submitted by the local board at the close of each payroll period ending on alternate Tuesdays, and shall arrive at the State Armory Board not later than Friday of the same week. The report will be prepared to reflect the employe’s name, classification, social security number, hourly rate of pay and actual hours the employe worked.

The provisions of this § 3.45 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4295).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.51 Access.

State Board inspectors are appointed representatives of the State Board and shall be allowed access to all parts of the armory.

The provisions of this § 3.51 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4296).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.52 Responsibilities.

(a) The State Board inspector is responsible for reporting to the Secretary of the State Board deviations from State Board regulations, policies or procedures observed during inspections.

(b) The State Board inspector is responsible for monitoring the performance of duty by State Board employes and reporting his observations to the Secretary of the State Board. The State Board inspector is required to comment on the annual Performance Evaluation Report for State Board employes assigned to armories under his supervision.

The provisions of this § 3.52 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4296).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.53 Periodic inspections.

The State Board inspector will inspect the armories under his supervision at least once every 3 months for cleanliness and state of repair. During these inspections, the State Board inspector will complete the Armory Inspection Check List form in duplicate, leave one copy at the armory, and submit one copy to the Secretary of the State Board. The Armory Inspection Check List will record those items which are to be corrected by the local board, as well as items involving repair and maintenance projects beyond the capability of the armory personnel. These latter items will be reviewed by the Secretary of the State Board for approval and accomplishment with State Board funds.

The provisions of this § 3.53 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.61 Custodial supplies.

The Department of General Services contracts for custodial supplies for State agencies. These custodial supplies are obtained by the local board in the following manner:

(1) In May of each year the State Board sends to the local board the supply forms to be used in ordering custodial supplies for the coming fiscal year.

(2) These forms are completed by the local board, indicating the amount of supplies required for the year, and returned to the State Board not later than July 1.

(3) The State Board orders these supplies in bulk for armories and stocks the supplies at Fort Indiantown Gap.

(4) Supplies are picked up at Fort Indiantown Gap by local board personnel, as the supplies are required.

The provisions of this § 3.61 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4296).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.62 Purchase of materials.

Materials needed for maintenance and repair of the armory by local board personnel which are not included on Department of General Services contracts are obtained in the following manner:

(1) Items costing less than $100. The local board prepares a Form 7, listing the required items and cost, and submits the Form 7 to the State Board. The State Board processes this request and upon approval receives a field limit for the purchase. A copy of the field limit, with a receiving report, is sent to the local board. Upon receipt of the required items, the local board signs and returns the receiving report to the Comptroller of the Department.

(2) Items costing from $100 to $299.99. The procedures for obtaining items costing from $100 to $299.99 is the same as the procedures set forth in paragraph (1), with one exception. The local board must submit at least two letterhead proposals, dated and signed, from suppliers, along with the Form 7, to the State Board.

(3) Items costing $300 to $1,000. The local board prepares a Form 7 (listing the required items), attaches a list of suppliers, and forwards the request to the State Board. The State Board sends invitations to bid to the suppliers. The bid proposals received from the suppliers are forwarded, unopened, to the Department of General Services for award. Upon award, a copy of the approved purchase order and a copy of the receiving report will be sent to the local board. Upon receipt of the required items, the local board signs and returns the receiving report to the comptroller of the Department.

The provisions of this § 3.62 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial pages (4296) to (4297).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.63 Purchase of equipment.

Items of equipment, such as refrigerators, stoves, lawn mowers and tractors, are obtained by the State Board using a purchase requisition. Requirements for the items should be made known to the State Board.

The provisions of this § 3.63 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4297).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.64 Service purchase contracts for emergency repairs.

Service purchase contracts are to be used for emergency repairs to the armory, such as a water line break or heating plant failure. These contracts, covering labor and materials, are processed partially in advance so that necessary emergency repairs can be obtained with minimum delay. The procedures to be followed in using these service purchase contracts are as follows:

(1) The State Board sends contractor bid proposal forms to the local board in April of each year. These forms are to be completed and signed by at least two contractors and returned to the State Board not later than June 1. The forms are held by the State Board and are not processed further until needed.

(2) When an emergency arises at the armory requiring work to be performed under a service purchase contract, the local board shall notify the State Board immediately. No work is to be authorized by the local board without the approval of the State Board.

(3) The State Board will take the necessary action to put the service purchase contract into effect. When this has been accomplished, the local board will be notified that emergency repairs can begin.

(4) The State Board will forward one copy of the approved service purchase contract, and two copies of receiving reports, to the local board. One copy of the receiving report is for use in connection with the current emergency repairs and one copy is for use in case of a future emergency.

(5) Upon completion of the emergency repair work, the local board shall obtain a copy of the contractor work order showing the labor and materials used to complete the work. This work order shall accompany the receiving report that is returned to the comptroller of the Department.

(6) Upon satisfactory completion of the emergency repair work, the local board will complete one copy of the receiving report. The receiving report will list the hours of labor and materials used to complete the work, will be signed by local board personnel, and will be returned to the comptroller of the Department. The dollar costs for the work are not to be entered on the receiving report.

(7) Invoices from contractors for material received or services performed at the armory will not be accepted by local board personnel. Contractors will be instructed to submit invoices direct to the comptroller of the Department.

The provisions of this § 3.64 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4297).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.65 Normal maintenance and repair.

Required maintenance and repair, beyond the capability of the local board personnel, will be accomplished by State Board contracts. Requirements for the work should be made known to the State Board inspector.

The provisions of this § 3.65 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.66 Service purchase contracts for maintenance services.

The State Board may approve service purchase contracts for routine maintenance service at armories for ash and trash removal, refuse collection or custodial services. The State Board sends contractor bid proposal forms for the services to be performed during the upcoming fiscal year to the local board in April of each year. These forms are to be completed and signed by at least two contractors and returned to the State Board not later than June 1. These contracts shall be executed with a firm, and cannot be executed with an individual. Upon approval of the service purchase contract a copy will be sent to the local board, with the required number of receiving reports. The number of receiving reports required will depend upon the manner of billing provided for in the contract, that is, monthly, quarterly or annually. Work may not be performed under these service purchase contracts until an approved copy has been received by the local board. Receiving reports for these services will be submitted to the comptroller of the Department.

The provisions of this § 3.66 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.67 Bids.

If the State Board or a local board is required to solicit bids from more than one firm, collusive bids are forbidden. If the State Board determines that bids are not genuinely separate and distinct and prepared without communication or collusion between or among bidders, the bids will be rejected. Employes of the State Board or local board, or members of the State Board or local board, may not solicit or accept collusive bids.

The provisions of this § 3.67 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.71 Nonexpendable property.

(a) Nonexpendable property items of the State Board located at the armory will be charged to the State property record of the local board. When these property items become unusable, through fair wear and tear, the local board will request permission from the State Board to drop the property from the State property record. The request for droppage will indicate the date of acquisition, State Board item number, quantity and description of each item. The local board will conduct a physical inventory and reconciliation of State Board property with a State Board representative at least once every 2 years, and upon change of Chairperson of the local board.

(b) Accountability for nonexpendable property items maintained in the armory that are acquired from sources other than the Federal government or the State Board will be recorded on a separate property document. The local board is responsible for the accountability, maintenance and disposition of the property, to include the tagging of the items for identification during inventories.

The provisions of this § 3.71 adopted June 10, 1966; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172. Immediately preceding text appears at serial page (4298).

This section cited in 43 Pa. Code § 3.81 (relating to transfer of local board control).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

43 Pa. Code § 3.81 Transfer of local board control.

(a) In the event the units of the Pennsylvania National Guard assigned to an armory are ordered to active Federal service for an extended period of time and vacate the armory, Chairpersonship of the local board will be transferred as follows:

(1) In the event the Governor of Pennsylvania exercises power granted under 51 Pa.C.S. § 507 (relating to draft from militia for emergency) to organize the Pennsylvania Guard at the vacated armory, the Senior Commander of troops so designated in the unit assigned to the vacated armory shall become Chairperson of the local board and will be charged with all duties and responsibilities applicable herein to the local board Chairperson. Reference should be made to § 3.1 (relating to definitions) for the distinction between ‘‘Pennsylvania Guard’’ and ‘‘Pennsylvania National Guard.’’

(2) In the event the armory is vacated and no unit of the Pennsylvania Guard is assigned to the vacated armory, the departing local board will designate an Acting Chairperson. The Acting Chairperson will be the senior retired officer serving on the local board, and if there is no retired officer on the board, the Acting Chairperson will be a responsible citizen serving on the local board. The Acting Chairperson of the local board will immediately reorganize the local board and forward Form MAAB-5-1M-55, in accordance with § 3.21 (relating to composition and authority of local boards).

(b) In the event a responsible person is not available to assume Chairpersonship of the local board, then the State Board will assume direct responsibility of the armory and take necessary measures to secure and safeguard the premises until a determination can be made as to the future use of the armory site.

(c) In any of the foregoing cases, a complete physical inventory and inspection of the premises will be conducted by the State Board as provided in § 3.71 (relating to nonexpendable property) for control and use of armories of the Commonwealth.

(d) The provisions of 51 Pa.C.S. § 1510 (relating to property in armories of units in Federal service) applies to subsections (a)—(c).

(e) This section applies only when armories are actually vacated by units mobilized for active Federal service or permanently transferred by competent authority. During periods of temporary absences such as State active duty or training exercises, responsibility for the armory and its contents will remain with the local board Chairperson.

The provisions of this § 3.81 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

This section cited in 43 Pa. Code § 3.21 (relating to composition and authority of local boards).

History

• Authority: The provisions of this Chapter 3 issued under Military Code, 51 Pa.
• Source: The provisions of this Chapter 3 adopted June 10, 1966, unless otherwise noted.

Chapter 7 State Veterans’ Home

43 Pa. Code § 7.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Bona fide resident of this Commonwealth—A domiciliary of this Commonwealth. A person who maintains a permanent place of abode in this Commonwealth as the true, fixed and permanent residence to which, whenever absent, the person has the intention of returning. Code—51 Pa.C.S. § § 101—9403 (relating to the military code). Commandant—The administrator of a nursing or personal care facility for aged or disabled veterans who is licensed in accordance with the statutes and regulations of the Commonwealth. Department—The Department of Military Affairs of the Commonwealth. Eligible veteran—An individual who has served in the Armed Forces of the United States or the Pennsylvania Military Forces, as defined in the code, who was released or discharged from service under honorable conditions who meets the admissions criteria set forth in this chapter, and who is eligible for certain benefits, rights and privileges resulting from the service. Incapable of self-support—The inability to earn a living in an amount over the minimum required to become eligible for public assistance or welfare as set forth by the Department of Public Welfare. Maintenance cost—The cost to provide nursing or personal care to the individual residents of State Veterans Homes. The cost shall be computed at least annually and shall include those items of expense which would be considered cost of operations by the United States Veterans Administration in the operations of its domiciliaries and nursing homes. Nursing care—Accommodation of convalescents or other persons who are not acutely ill and not in need of hospital or personal care but who require the services of a registered nurse or licensed practical nurse, as those positions are defined in 28 Pa. Code § 201.3 (relating to definitions). Personal care—Providing shelter, sustenance and incidental medical care to assist eligible veterans who are disabled by age or disease but who are not in need of hospitalization or nursing care services to attain physical, mental and social well-being through special rehabilitative programs. Resident—An individual who meets the admission criteria, is admitted, and is domiciled in a State Veterans Home. State Veterans Commission—An advisory commission within the Department, the composition, powers and duties of which are provided by statute. State Veterans Home—A nursing or personal care home for aged or disabled veterans administered by an agency of the Commonwealth and recognized by the Veterans Administration. Superintendent—Commandant.

The provisions of this § 7.1 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33833) to (33834).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.2 Purpose.

The purposes of this chapter are as follows:

(1) To provide standards and procedures for application and determination of eligibility for admission to a State Veterans Home.

(2) To establish standards and procedures for determination and payment of amounts, if any, which residents shall be required to contribute toward their maintenance cost in accordance with their financial ability, basing the determination on the average daily cost of care and the provisions of this chapter.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.3 Qualifications for admission.

(a) To qualify for admission to a State Veterans Home, an applicant shall meet the following requirements:

(1) Eligible veteran or spouse. An applicant shall be an eligible veteran, spouse or surviving spouse of an eligible veteran.

(2) Residency. Except as provided in paragraph (3), an applicant shall be a bona fide resident of this Commonwealth upon application for admission.

(3) Applicants from another state. Subject to § 7.6 (relating to priority of admission), an eligible veteran who resides in another state may apply for admission if this Commonwealth was listed as home of record upon entry into active duty or this Commonwealth’s military forces. An applicant who is not a bona fide resident of this Commonwealth at the time of admission may not be admitted if a bona fide resident of this Commonwealth is awaiting admission.

(4) Income restrictions. An applicant shall be incapable of self-support and demonstrate a financial need for admission. A single applicant will be considered to have a financial need for admission if annual income is less than $25,956. The maximum income for an applicant with dependents is $25,956 per year plus $1,488 per year per dependent. The maximum income shall be adjusted each year after 1985 by the same percentage of adjustment applied by the United States Veterans Administration to veterans’ disability compensation. The Department will submit the revised limits to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin and for recommended codification in this chapter. An applicant whose income exceeds the levels established by this section may still qualify for admission if he can demonstrate exceptional circumstances creating a financial need for admission to the home.

(5) Approval by admissions committee. An applicant shall be approved for admission by the admissions committee at the home. Denials of admission for reasons stated in subsection (b) may be appealed under § 7.10 (relating to appeals).

(b) The following applicants are ineligible for admission:

(1) An applicant whose condition requires mental health care or custody.

(2) An applicant whose behavior creates a reasonable threat to the health, safety or welfare of himself or others. This exclusion applies to an applicant who is taking medication to control his behavior where, in the absence of the medication, the applicants’ behavior would reasonably be expected to create a potential threat to the health, safety or welfare of himself or others.

(3) An applicant whose condition requires treatment or levels of treatment not available at the home except under circumstances where alternative sources of treatment are reasonably available in the immediate vicinity of the home.

(4) An applicant who has a history of alcoholism or drug abuse whose history indicates that the applicant may not be responsive to treatment or which indicates that the applicant may not accept or participate in available treatment programs.

(5) An applicant suffering from a contagious disease.

(6) An applicant who was convicted of a felony, unless the applicant has demonstrated good character and behavior and has no convictions for crimes or offenses for at least 5 years.

The provisions of this § 7.3 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425; the income restrictions in subsection (a)(4) were amended December 27, 1991, effective December 1, 1991, 21 Pa.B. 6011; the income restrictions in subsection (a)(4) were amended February 19, 1993, effective December 1, 1992, 23 Pa.B. 888; amended May 20, 1994, effective May 21, 1994, 24 Pa.B. 2654; amended January 20, 1995, effective January 21, 1995, 25 Pa.B. 271; amended February 2, 1996, effective February 3, 1996, 26 Pa.B. 545; amended March 15, 1996, effective March 16, 1996, 26 Pa.B. 1188; amended December 27, 1996, effective December 28, 1996, 26 Pa.B. 6224; amended December 12, 1997, effective December 13, 1997, 27 Pa.B. 6525; amended December 31, 1998, effective January 2, 1999, 29 Pa.B. 76; amended December 29, 2000, effective January 1, 2001, 30 Pa.B. 6953; amended February 2, 2001, effective February 3, 2001, 31 Pa.B. 706; amended January 11, 2002, effective January 12, 2002, 32 Pa.B. 289. Immediately preceding text appears at serial pages (209884) and (252025) to (252026).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.4 Temporary admission.

A veteran who is in distress because of age, disability or economic reasons, upon application to Director State Veterans Homes, may be admitted for a temporary period if not able to receive care in a Federal institution. The temporary admission shall be subject to review by the Superintendent every 6 months, and the veteran may be discharged if, in the opinion of the Superintendent, the veteran is no longer in distress.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.5 Applications.

An application for admission shall be in the form prescribed by the Department and shall be secured from the various county veterans service officers or the service officers of the major veterans organizations in this Commonwealth. An application for admission shall be mailed to the Department of Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002, Attention: State Veterans Homes.

The provisions of this § 7.5 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial page (33836).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.6 Priority of admission.

(a) General rule. Within a waiting list specified in subsection (b), a qualified applicant shall be offered admission in the order that the application for admission is received by the Department.

(b) Waiting lists.

(1) The primary waiting list shall consist of applications from the following persons:

(i) An eligible veteran who is a bona fide resident of this Commonwealth at the time of application.

(ii) A spouse of a current resident of a veterans home, subject to § 7.7 (relating to eligibility of spouse and surviving spouse).

(iii) A spouse or surviving spouse of an eligible veteran when the eligible veteran is not a current resident of a veterans home and the applicant is a bona fide resident of this Commonwealth, subject to § 7.7.

(2) The secondary waiting list shall consist of applications from the following persons:

(i) An eligible veteran who is not a bona fide resident of this Commonwealth at the time of application.

(ii) A spouse or surviving spouse of an eligible veteran when the eligible veteran is not a current resident of the veterans home and the spouse is not a bona fide resident of this Commonwealth at the time of application, subject to § 7.7.

(c) Priority to primary list applicants. A qualified applicant whose name is on the primary waiting list shall be offered admission prior to offering admission to an applicant whose name is on the secondary waiting list.

The provisions of this § 7.6 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial page (33836).

This section cited in 43 Pa. Code § 7.3 (relating to qualifications for admission); and 43 Pa. Code § 7.13 (relating to readmission after discharge).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.7 Eligibility of spouse and surviving spouse.

(a) Spouse. The spouse of a veteran who derives eligibility from the eligible veteran and may become a resident with the veteran if the spouse has been married to the veteran for at least 2 years prior to application for membership and is otherwise eligible.

(b) Surviving spouse. The surviving spouse of a deceased eligible veteran derives eligibility from the deceased eligible veteran as long as the spouse has not remarried. The surviving spouse may be admitted if otherwise eligible.

The provisions of this § 7.7 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33837) to (33838).

This section cited in 43 Pa. Code § 7.6 (relating to priority of admission).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.8 Payment of maintenance fees.

(a) Maintenance fees. The Commonwealth is authorized to recover the costs of maintaining a person in a State Veterans Home under Pennsylvania statute. A person will not be denied admission to a veterans home on grounds of inability to pay maintenance fees.

(b) Monthly payment of maintenance fees. A resident of a State Veterans Home is required to make monthly payments against maintenance fee liability in accordance with the resident’s ability to pay. The maximum amount of the monthly payment shall be 1/12 of the annual per capita cost of maintaining the resident at the home. The monthly payment may be reduced to reflect the ability of the resident to pay. In calculating the amount of reduction of the monthly maintenance fee, the Commandant will insure that a resident retains at least $100 plus 20% of the balance of income for the month to take care of the resident’s personal needs. A resident with a spouse residing at home may retain $200 plus 20% of the balance of their income. In addition to this standard adjustment, the Commandant may approve further reductions in monthly maintenance fee payments where a resident demonstrates that his particular circumstances of income and necessary expenses justify payment of a reduced fee.

(c) Appeal of monthly maintenance fees. A resident who disagrees with the Commandant’s determination as to the monthly maintenance fee may request review of the determination by the Director of the Bureau of Veterans Affairs. The request for review shall be in writing and state the reasons why the resident believes he lacks the ability to pay maintenance fees at the monthly rate established by the Commandant. A Commandant may submit a response to the request for review indicating the reasons for the determination. A copy of the Commandant’s response shall be provided to the resident for review and comment. The Director of the Bureau for Veterans Affairs will review the materials submitted by the resident and the Commandant and will provide a written determination to the resident and the Commandant stating the amount of the monthly maintenance fee to be paid and the reasons for the determination. The Director’s determination may be appealed under § 7.10 (relating to appeals).

(d) Liability for cost of maintenance. Acceptance of reduced amount of monthly maintenance fees does not relieve a person or estate of liability for payment for the full cost of the maintenance under Pennsylvania statute.

(e) Deposit of maintenance fees. A payment of maintenance fees shall be deposited with the Treasurer of the Commonwealth under the appropriate augmenting revenue code.

(f) Exclusions to monthly maintenance fees. In order to encourage a resident to participate in therapeutic activities that may result in incidental income to the resident, up to $200 per month of income earned as a result of participation in therapeutic activities, such as craft shows and sales, Senior Companion Programs, assistance in morale, welfare and recreational activities and like functions may be excluded when calculating the amount of the monthly maintenance fee payments.

The provisions of this § 7.8 amended through April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33837) to (33838).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.9 Unclaimed property of deceased resident who dies intestate.

(a) Property, cash or other effects belonging to a resident of a State Veterans Home who dies intestate which remain unclaimed at the death of a resident shall be deemed the property of State Veterans Home and subject to its use as provided in this section.

(b) The property, shall be converted to cash and deposited into the State Veterans Home welfare fund. The Superintendent shall hold the principal in trust for a period of 1 year following the death of the resident. During this period, the Superintendent shall have power to invest the principal and use the income in accordance with the provisions of this chapter.

(c) Upon claim made within 1 year following death and sustained by legal proof, all or part of the principal shall be paid over to the claimant entitled thereto upon acknowledgment, execution and delivery of proper releases.

(d) Principals remaining unclaimed 1 year after the death of the resident shall be deemed to be the property of the State Veterans Home and shall be subject to its absolute control and disposal.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.10 Appeals.

(a) A person aggrieved by an action affecting personal or property rights, privileges, immunities, duties, liabilities or obligations may appeal in writing to the Adjutant General of Pennsylvania who will receive and adjudicate appeals from the actions of the staff under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). The Adjutant General may ask the Chairman of the State Veterans Commission to appoint a hearing panel of members of the State Veterans Commission to hear an appeal or the Adjutant General may appoint a hearing officer. Hearing panels and hearing officers have the powers of presiding officers under 1 Pa. Code Chapter 35, Subchapter E (relating to presiding officers) and shall prepare and serve proposed reports under 1 Pa. Code Chapter 35, Subchapter G (relating to proposed reports). The Adjutant General will issue adjudications of appeals as final orders of the Department.

(b) Except as provided in § 7.12 (relating to discipline and discharge), an appeal shall be filed within 10 days after service of the notice of the action being appealed.

The provisions of this § 7.10 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33838) to (33839).

This section cited in 43 Pa. Code § 7.3 (relating to qualifications for admission); 43 Pa. Code § 7.8 (relating to payment of maintenance fees); 43 Pa. Code § 7.10 (relating to appeals); and 43 Pa. Code § 7.12 (relating to discipline and discharge).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.11 Grounds for discharge.

The following constitute grounds for discharge from a State Veterans Home:

(1) Restoration to the ability of self-support within the community.

(2) Conviction of a felony while a resident of a State Veterans Home.

(3) Misrepresentation in applying for admission to a State Veterans Home or in completing documents or providing information while a resident of a home.

(4) Refusal to abide by this chapter, regulations and discipline of a State Veterans Home.

(5) Failure to meet repayment of indebtedness arrangement for prior stay in a State Veterans Home.

(6) Failure to pay maintenance fees.

(7) Change in medical condition so that the resident is ineligible for membership at the home.

(8) The member is subject to a condition that creates a potential threat to himself or others whether or not the behavior or condition is controlled or unintentional.

This section cited in 43 Pa. Code § 7.12 (relating to discipline and discharge); and 43 Pa. Code § 7.13 (relating to readmission after discharge).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.12 Discipline and discharge.

(a) Order and discipline required. The Commandant is responsible for the maintenance of good order and discipline among the residents of a State Veterans Home. A resident whose conduct does not comport with the requirements for an orderly and disciplined home may be subject to disciplinary action, up to and including discharge from the home. Residence in a State Veterans Home is voluntary, and a resident subject to discipline under this section may elect to request voluntary discharge in lieu of compliance or appeal from the disciplinary action.

(b) Admonitions and reprimands. When a record of an admonition or reprimand is filed in a resident’s file, the resident shall be given the opportunity to file a response to the admonition or reprimand setting forth matters in disagreement, extenuation or mitigation. The resident’s response shall be filed with the record of the admonition or reprimand. Admonitions or reprimands are not adjudications and are not subject to appeal under § 7.10 (relating to appeals).

(c) Disciplinary actions. Disciplinary actions include withdrawal of privileges to participate in recreation and social activities and restrictions to the grounds of the home. When the Commandant decides to impose discipline on a resident, the Commandant will notify the resident in writing of the proposed action and the reasons for the proposed action. If a resident on whom a disciplinary action is imposed under this section desires an administrative hearing on the proposed action, the resident shall request a hearing within 24 hours after receipt of the notification. The Commandant, or, if he is unavailable to conduct the hearing because of absence or because he was a witness to the conduct that gave rise to the proposed discipline, a person designated by the Director of the Bureau for Veterans Affairs, will act as the presiding officer for hearings on disciplinary actions and conduct hearings under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). The Commandant or other presiding officer will prepare and serve a proposed report, and the resident may, within 5 days after issuance of the proposed report, appeal to the Adjutant General by filing exceptions and briefs in the manner provided by 1 Pa. Code Part II. The Adjutant General shall enter a final order for the Department.

(d) Discharges.

(1) When the Commandant proposes to discharge a resident of a veterans home under § 7.11 (relating to grounds for discharge), he will prepare and serve upon the resident an order to show cause setting forth the grounds for the proposed action. The order to show cause shall direct the resident to file a written answer to the order within 5 days with the Director of the Bureau for Veterans Affairs.

(2) The answer to the order to show cause shall, in addition to the information required by 1 Pa. Code § 35.37 (relating to answers to orders to show cause) indicate whether the resident requires or waives a hearing. If no answer to the order to show cause is filed or no matters are raised requiring a hearing or further proceedings, the Director of the Bureau for Veterans Affairs may forward the case to the Adjutant General for entry of a final order without hearing.

(3) If a hearing is to be conducted, the Adjutant General will either appoint a hearing officer or request the Chairman of the State Veterans Commission to appoint a hearing panel to conduct the hearing. If a hearing officer is appointed, he will not be employed in the veterans home from which the case arose. The hearing officer or hearing panel has the powers and duties of presiding officials and shall conduct the hearing and prepare a proposed report under 1 Pa. Code Part II. Copies of the proposed report will be served on the resident and the Commandant and either may appeal to the Adjutant General by filing exceptions to the proposed report in the manner provided by 1 Pa. Code Part II within 10 days after service. The Adjutant General will enter the final order for the Department.

(e) Effective date of disciplinary actions and discharges. Disciplinary actions and discharges imposed under this section will not be effected until the Adjutant General enters a final order, except where the Commandant recommends, and the Director of the Bureau for Veterans Affairs determines, that compelling circumstances exist that require the immediate withdrawal of privileges, restriction of the resident or discharge of the resident to provide for the health, safety and welfare of the resident or others.

(f) Supersession.

(1) Subsection (d)(2) supplements 1 Pa. Code § § 35.37 and 35.213 (relating to effect of failure to proposed report).

(2) Subsection (d)(1) supersedes 1 Pa. Code § 35.211 (relating to procedure to except to proposed report).

This section cited in 43 Pa. Code § 7.10 (relating to appeals).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.13 Readmission after discharge.

(a) A resident accepting a discharge at his own request may not be readmitted until 6 months have elapsed, at which time the application will be considered as if it were an initial application for admission.

(b) A resident discharged under § 7.11 (relating to grounds for discharge) may apply for readmission as follows:

(1) A resident discharged under § 7.11(2) for conviction of a felony may apply for readmission after 5 years have elapsed. The circumstances leading to the discharge may be considered in determining whether to readmit the veteran.

(2) A resident discharged under § 7.11(3)—(6) may apply after 12 months have elapsed.

(3) A resident discharged under § 7.11(7) or (8) may be readmitted when the resident’s medical condition is such that he is eligible for admission. The application for readmission is subject to the priority provisions of § 7.6 (relating to priority of admission).

(4) A resident discharged under § 7.11(7) or (8) for medical or other conditions for which treatment is unavailable or which renders the resident unsuitable for continued residence may apply for readmission after the condition that resulted in discharge is changed, making the resident eligible for readmission.

(5) A resident discharged under § 7.11(7) or (8) who is eligible for readmission shall be placed at the top of the waiting list for priority for admission.

(c) Readmission may not be granted to a resident who was financially indebted to a State Veterans Home at the time of discharge. If the resident was financially able to repay the debt during the period of discharge, readmission may not be granted until full payment of the indebtedness is made or an arrangement satisfactory to the Superintendent is made for payment.

(d) Failure to fulfill an arrangement for repayment after readmission is cause for immediate discharge.

The provisions of this § 7.13 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33839) to (33840).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.14 Visitors.

The Commandant has the authority to bar a nonresident visitor from the home when the Commandant has reason to believe the visitor is a risk to the health, safety and welfare of the residents. The Commandant’s right to bar certain visitors prevails over the right of a resident to receive a visitor.

The provisions of this § 7.14 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33840).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.15 Appointment of Commandant; qualifications.

(a) The Adjutant General will appoint the Commandant of a State Veterans Homes.

(b) The Commandant of a State Veterans Home shall be licensed as a Nursing Home Administrator under the statutes and regulations of the Commonwealth.

The provisions of this § 7.15 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial page (33840).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.16 Morale and recreational funds.

(a) A State Veterans Home shall provide a wide range of recreational, social and related activities for residents of the home. The activities may include participation in veterans organizations.

(b) The Commandant may permit activities for the morale, welfare and recreation of residents of a home, and, toward that end may consent to the establishment and maintenance of a veterans organization, recreation club, social functions and similar activities at a State Veterans Home.

(c) Morale and recreational activities are part of the overall function of a home and are official activities. In order to maximize the opportunity for morale and recreational programs to benefit the residents of a home, the Commandant may permit the establishment of recreation, social and membership funds to be raised by the payments of the participants in recreational activities and donations to be used to supplement official funds to provide a well-rounded program of morale and recreational activities. The day-to-day management of a fund is vested in the membership, but the Commandant may condition permission for the establishment of a fund on regular audits, financial reports and accountability and may impose other conditions on the operation and maintenance of morale and recreation activities as the Commandant deems appropriate.

The provisions of this § 7.16 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial page (33840).

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.17 State Veterans Home welfare fund.

(a) The Superintendent of each State Veterans Home shall cause to be created a welfare fund for the health and welfare of the residents of the State Veterans Home.

(b) The welfare fund shall be the depository of any donations to the State Veterans Home, any property left by deceased residents as defined in this chapter, and any monies derived from health and welfare activities at the Home.

(c) The Superintendent at each State Veterans Home shall appoint, in writing, an advisory council from the staff and residents to oversee the operation of the welfare fund.

(d) The advisory council shall:

(1) Meet at least monthly.

(2) Keep written records of its meetings.

(3) Prepare its own by-laws.

(e) The Superintendent of each State Veterans Home shall ensure that the welfare fund is maintained in accordance with the laws and fiduciary standards of the Commonwealth and the Handbook of Accounting Procedures for Welfare Funds published by the Department.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.18 Aid and attendance and housebound allowances.

(a) A resident of the nursing unit whose income, from whatever source, is greater than that permitted by the Veterans Administration for aid and attendance shall still be required to pay an amount equal to the current aid and attendance allowance payable to those residents eligible to receive the entire grant. Aid and attendance payments shall be payable to the State Veterans Homes and shall be deposited into the State Veterans Home restricted account under the Fiscal Code of the Commonwealth. The aid and attendance payments shall be for the additional nursing care rendered the resident and in addition to the maintenance fee charged the resident as stated in this chapter.

(b) A resident of the domiciliary unit who receives housebound allowances shall pay the payments to the State Veterans Home wherein he resides. The payments shall be for the extra services rendered the resident and shall be deposited in the State Veterans Homes restricted account under the Fiscal Code of the Commonwealth. The housebound payments shall be in addition to the maintenance fee charged the resident as stated in this chapter.

(c) The withholding of aid and attendance and housebound payments or the refusal to pay the same to the State Veterans Home shall be grounds for immediate discharge from the State Veterans Home.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

43 Pa. Code § 7.19 Rules.

The Superintendent of each State Veterans Home is authorized to adopt rules and regulations for the daily operation of the home and the discipline of the residents therein in accordance with the provisions of this chapter.

History

• Authority: The provisions of this Chapter 7 issued under the Military and Veterans Code, 51 Pa.
• Source: The provisions of this Chapter 7 adopted October 21, 1961, amended February 17, 1978, 8 Pa.

Chapter 11 Guidelines for the Military Family Relief Asistance Program—Statement of Policy

43 Pa. Code § 11.1 Authority.

These guidelines are promulgated under the authority of 51 Pa.C.S. § 7319(c) (relating to military family relief assistance) to implement the program as set forth in 51 Pa.C.S. § 7319 of the Military and Veterans Code, as added by the act of March 16, 2010 (P.L. 140, No. 9), effective May 15, 2010, as amended by the act of June 18, 2014 (P.L. 766, No. 66), effective August 18, 2014, and further amended by the act of October 29, 2020 (P.L. 1053, No. 104), effective October 29, 2020.

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.2 Purpose.

The Commonwealth’s program provides emergency assistance to eligible service members and eligible relatives of eligible service members. The program is established to provide emergency assistance grants to families of persons who are residents of this Commonwealth and members of the Armed Forces of the United States.

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise or unless the governing statue, as amended, amends the meaning. Armed Forces of the United States—As defined at 10 U.S.C. § 101(a)(4). Bureau—The Bureau of Veterans Programs, Initiatives, Reintegration and Outreach of the department. Department—The Department of Military and Veterans Affairs of the Commonwealth. Eligible relative of an eligible service member—As conforms to 51 Pa.C.S. § 7319(j) (relating to military family relief assistance), means the dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member’s spouse, parent, sibling or child. An eligible relative must be a resident, domiciliary, of this Commonwealth at the time of application for assistance. An otherwise eligible relative may retain eligibility if absent from the Commonwealth accompanying the eligible service member to military duty in another state or country. Eligible service member—As conforms to 51 Pa.C.S. § 7319(j), means any of the following:

(i) A member of the Armed Forces of the United States or its reserve components, including the Pennsylvania National Guard, who is serving on active duty authorized under 10 U.S.C. or 32 U.S.C., other than active duty for training, for a period of 30 or more consecutive days.

(ii) A member of the Pennsylvania National Guard serving on State active duty, authorized under 51 Pa.C.S. § 508 (relating to active duty for emergency), for a period of 30 or more consecutive days.

(iii) A member in good standing of any reserve component of the Armed Forces of the United States, including the Pennsylvania National Guard, for a period of 3 years after release from a tour of active duty, authorized under 10 U.S.C. or 32 U.S.C., other than active duty for training, of 30 or more consecutive days duration when the need for assistance is directly related to the circumstances under § 11.8 (relating to effective date).

(iv) A member in good standing of the Pennsylvania National Guard for a period of 3 years after release from a tour of State active duty, authorized under 51 Pa.C.S. § 508, of 30 or more consecutive days duration when the need for assistance is directly related to the circumstances under § 11.8.

(v) A former member of the Armed Forces of the United States or its reserve components, including the Pennsylvania National Guard for a period of 4 years after discharge if:

(A) The member was discharged for medical reasons arising out of the member’s military service.

(B) The medical disability that resulted in the member’s discharge was incurred in the line of duty and was not the result of misconduct.

(C) The medical condition giving rise to the discharge did not exist prior to the member entering military service.

(D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty, for a period of 30 or more consecutive days.

(E) The former member received an honorable or under honorable conditions discharge for medical reasons.

(F) The need for assistance is directly related to the former member’s military service, to exigent circumstances beyond the eligible member’s control, or to a disability incurred in the line of duty. Exigent circumstances—As conforms to 51 Pa.C.S. § 7319(j), means emergency or extraordinary situations or conditions resulting in an eligible service member being unable to provide the necessities of living for the member or the member’s dependents due to factors beyond the member’s control. The term includes, but is not limited to, natural or manmade disasters, loss of home, loss of employment, disability, or serious illness or injury. Program—The Commonwealth’s Military Family Relief Assistance Program (MFRAP). Qualifying period of military service—Active duty, other than active duty for training, of a duration of 30 or more consecutive days or State active duty authorized under 51 Pa.C.S. § 508 for a duration of 30 or more consecutive days. Resident of Pennsylvania—As conforms to 51 Pa.C.S. § 7319(j), means:

(i) An individual who is domiciled in this Commonwealth. The individual must either physically reside in this Commonwealth or be absent from this Commonwealth under military orders. An individual’s spouse or dependent who is domiciled in this Commonwealth who is stationed in another state or country shall qualify under the program as a resident of this Commonwealth so long as the person does not become domiciled in another state.

(ii) An individual who qualifies under the definition of ‘‘Resident Individual’’ in section 301(P) of the act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform Code of 1971. VSO—Veterans services officers.

This section cited in 43 Pa. Code § 11.5 (relating to adjudication procedures).

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.4 Application procedures.

(a) Forms. Application shall be made on the PA MFRAP Form 01. Application forms are available from the following sources:

(1) The Department of Military and Veterans Affairs, Attention: PIRO-MFRAP, Building 9-26, Fort Indiantown Gap, Pennsylvania 17003-5002, or from the department’s program web site at www.dmva.pa.gov/Veterans/Benefits/Pages/MilitaryFamilyReliefAssistanceProgram.aspx.

(2) Pennsylvania National Guard Family Assistance Centers across this Commonwealth. Applicants, regardless of branch of service, are encouraged to request assistance from the nearest Pennsylvania National Guard family readiness specialist to complete and submit the application form. To locate the nearest family readiness specialist, see www.pa.ng.mil/Offices-Programs/Service- Member-Family-Support/State-Family-Programs/Family-Assistance/.

(3) Accredited VSOs at the county offices of veterans affairs in each county seat.

(4) The department’s field offices collocated with the United States Department of Veterans Affairs Regional Offices in Philadelphia and Pittsburgh.

(5) Accredited VSOs affiliated with The American Legion, Veterans of Foreign Wars (VFW), American Veterans (AMVETS), and Disabled American Veterans (DAV) in this Commonwealth.

(6) Accredited VSOs at the Pennsylvania Veterans Homes in Erie, Hollidaysburg, Philadelphia, Pittsburgh, Scranton and Spring City.

(b) Completion and execution of the form. An applicant shall complete and sign the application form, certifying to the truthfulness of its contents under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). If the applicant is unable to sign the application, a person exercising general power of attorney may sign for the applicant. An eligible service member’s commanding officer or senior noncommissioned officer/senior enlisted leader must verify the information provided and recommend approval or disapproval.

(c) Supporting documentation. An applicant shall submit the following documents with the application form:

(1) Copy of current Pennsylvania driver’s license, learner’s permit, or identification card, or other acceptable proof of residency as requested.

(2) Copy of the eligible service member’s DD Form 214, Certificate of Release or Discharge from Active Duty, or equivalent, or copy of current military identification card as appropriate.

(3) Proof of dependency if applicable.

(4) Copy of the service member’s most current Leave and Earnings Statement (LES).

(5) Documentation supporting the exigent circumstances and need for assistance, such as repair estimates, rental agreements, utility bills, bank statements, employment records, and the like.

(d) Submission of application.

(1) An applicant shall mail or otherwise deliver the completed application form, together with supporting documentation, to the Department of Military and Veterans Affairs, Attn: PIRO-MFRAP, Bldg. 9-26, Fort Indiantown Gap, Annville, PA 17003-5002.

(2) To expedite the application process, applications and supporting documents may be faxed to (717) 861-9084. Questions and requests for support may be e-mailed to ra-pa-mfrap@pa.gov. Applicants should refrain from sending completed applications or other sensitive and personally identifiable information by e-mail.

(e) Withdrawal of application. An applicant my voluntarily withdraw an application for any reason at any time prior to the determination of eligibility by informing the assisting family readiness specialist, VSO or the bureau of a desire to withdraw.

(f) Other assistance.

(1) To qualify for assistance under this program, applicants are encouraged to seek assistance from other appropriate sources prior to applying for the program. Other suggested sources of financial assistance include, but are not limited to any of the following:

(i) Army Emergency Relief, www.armyemergencyrelief.org.

(ii) Air Force Aid Society, www.afas.org (Air Force and Space Force).

(iii) Navy-Marine Corps Relief Society, www.nmcrs.org.

(iv) Coast Guard Mutual Assistance, www.cgmahq.org.

(v) Pennsylvania National Guard Associations, www.pngas.org/mission/g2g.

(vi) Enlisted Association of the National Guard of the United States, www.eangus.org/operation-vetcare.

(vii) Non Commissioned Officers Association, www.ncoausa.org/disasterrelief.html.

(viii) Military Officers Association of America, https://charities.moaa.org/the-moaa-foundation/crf/.

(ix) American Red Cross, www.redcross.org/get-help/military-families/financial-assistance.

(x) Veterans of Foreign Wars, https://www.vfw.org/assistance/financial-grants.

(2) Veterans and their surviving dependents may also be eligible for Veterans’ Temporary Assistance (VTA) in accordance with criteria at 51 Pa.C.S. § 8503 (relating to eligibility). However, as explained further in § 11.6(a) (relating to administration procedures), program assistance may not be granted concurrently with VTA to address a need arising out of the same event.

(3) The application for program assistance should include copies of applications or determinations, or both, for other forms of assistance filed by the applicant.

(4) The approval authorities described in § 11.6(b) may waive any requirement to seek assistance from other sources when unusual or exigent circumstances make the application impractical or unlikely to produce results in a timely manner or when the applicant shows that the circumstances are such that other potential sources of assistance are unavailable.

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.5 Adjudication procedures.

(a) Applications for grants will be evaluated according to the eligibility requirements set forth at 51 Pa.C.S. § 7319 (relating to military family relief assistance) and evaluation criteria provided in this chapter, subject to the availability of funds and the exercise of the approval authority’s discretion in evaluating the relative priority of requests if funds are not sufficient to satisfy all eligible requests.

(b) As required by 51 Pa.C.S. § 7319, applicants must demonstrate that they have a direct and immediate financial need for assistance as a result of circumstances beyond the control of and not as a result of misconduct by the service member.

(c) Grants may be awarded for purposes such as: food, rent, utilities, emergency transportation and vehicle repair, medical/dental expenses, short-term personal needs when pay is delayed or stolen, emergency home repairs necessary to maintain habitability of essential areas, as well as other emergency needs at the discretion of the approval authority.

(d) Grants may also be awarded if it is demonstrated that financial need is caused by one or more of the following:

(1) A sudden or unexpected loss of income, real or personal property, assets or support directly related to the military service of, or exigent circumstances affecting the service member.

(2) The need for travel, lodging and subsistence for which the applicant lacks financial resources as a result of:

(i) The death or critical illness of an eligible service member’s parent or parent-in-law, spouse, sibling or sibling-in-law, or child.

(ii) The wounding of a service member in the line of duty sustained as a result of combat or attack resulting in an immediate need for funds for travel, lodging, subsistence or other activities directly related to the casualty. No more than two eligible relatives of an eligible service member may receive assistance for travel under the term ‘‘eligible relative of an eligible service member’’ as defined in § 11.3 (relating to definitions).

(e) A natural or manmade disaster or other exigent circumstances resulting in the deprivation of food, shelter, or other necessities of life.

(f) Emergency need for childcare for dependent children.

(g) It is recognized that neither 51 Pa.C.S. § 7319 nor this chapter can describe every possible scenario that might result in eligible service members or their relatives having an immediate and direct financial need as a result of circumstances beyond the control of and not as a result of misconduct by the service member. Applicants may qualify for grants when they demonstrate the existence of financial need related to military service coupled with exigent circumstances where the failure to obtain assistance will substantially deter the service member from meeting his or her military obligations. The following situations are examples:

(1) Failure to receive pay and allowances in a timely manner because of errors in military pay systems where circumstances exist precluding casual payment or advance payment.

(2) Loss of income as a result of permanent change of station or extended temporary duty causing member and family to move.

(3) Loss of employment of spouse due to member’s service, extended temporary duty or deployment.

(4) Unusual health care costs incurred by the eligible service member or dependents which are not covered by TRICARE insurance or other government sources.

(5) The eligible service member or dependents are victims of crimes that result in loss of income, property or credit (for example, identity theft and the like).

(6) The special needs of an eligible service member or dependents result in a need for assistance that cannot be met as a result of the eligible service member’s military service.

(7) The death of a relative of an eligible service member resulting in increased costs or sudden, unexpected loss of income or support.

(h) Examples of situations where assistance would be inappropriate include grants for any of the following:

(1) Pay for nonessential items or finance vacations.

(2) Pay fines or legal expenses in criminal matters.

(3) Assist with home purchase down payment or financing or home improvements (unless directly related to disability incurred during a qualifying period of military service).

(4) Pay bills incurred in purchase of nonessential items.

(i) The criteria that will be considered in determining whether to approve applications for assistance include, but are not limited to any of the following:

(1) Nature of assistance requested.

(2) Degree of financial hardship.

(3) Current family income.

(4) Current debts and obligations.

(5) Number of dependents.

(6) Connection between financial hardship and service member’s active-duty status.

(7) The cause of the financial hardship and its relationship, if any, to the negligence or fault of the applicant in managing income and assets.

(8) Change in income (based on military active duty or military medical separation).

(9) Changes in employment and income status of dependents related to service member’s active-duty status.

(10) Increased expenses due to service member’s active duty.

(11) Military pay problems.

(12) Other issues of financial hardship related to service member’s active duty.

(13) Bankruptcy filed or pending.

(14) Pending disciplinary action (service member only).

(15) Length of military duty.

(16) Other aid available or received, or both.

(17) Amounts and dates of any grants previously awarded to the applicant from this fund.

(j) Limitations on grant approval.

(1) Only one grant will be awarded to address a need arising out of the same event to either the eligible service member or the eligible relative of the eligible service member, but not to both.

(2) Where an applicant is eligible for both the program and VTA, the program application shall be pursued due to the higher potential amount of grant assistance. In no case will program assistance be granted concurrently with VTA to address a need arising out of the same event.

(3) In no case will assistance be approved for an applicant who is determined by the bureau to have concealed relevant information or supplied fraudulent information in a current or previous application.

(4) In no case will assistance be granted to an applicant who the bureau determines used a previous grant for unlawful, illegal, or unapproved purposes.

(k) Notification of determination. The bureau shall notify applicants of its determination in writing within 5 business days of the receipt of a fully developed application. An application is fully developed when all the information and supporting documentation needed for adjudication has been submitted or gathered.

(1) If the application is approved, the notification will include a check issued by the Commonwealth in the amount of the need for assistance. Checks shall be mailed to the address provided by the applicant on the application form.

(2) If the application is disapproved, the notification will clearly state the reasons for the disapproval and inform the applicant of the appeal procedures specified in § 11.7 (relating to appeal procedures).

This section cited in 43 Pa. Code § 11.7 (relating to appeal procedures).

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.6 Administration procedures.

(a) Grant.

(1) The maximum grant under this program is $5,000 or the lesser amount determined by the Adjutant General based on the amount of money in the program special fund.

(2) No more than $5,000 may be paid to an eligible service member or the eligible relatives of an eligible service member in any 12-month period. Eligibility derives from the eligibility of the service member. This limit means that the eligible service member and all eligible relatives of the eligible service member may not receive more than $5,000 in total during any 12-month period.

(b) Approval authority. The following shall have authority to act on requests for assistance unless otherwise restricted by the Adjutant General:

(1) Level 1. Requests for grants of $2,000 or less may be acted upon by the bureau’s program Coordinator on initial application and VSO or VSO Supervisor on reconsideration.

(2) Level 2. Requests for grants beyond Level 1 approval authority, up to the maximum grant amount of $5,000, must be reviewed by a subcommittee for application review described in paragraph 6(d)(2).

(c) Fund committee. The Adjutant General will appoint a program fund committee, which will assist in administering the Commonwealth’s program. The fund committee may make recommendations to the Adjutant General for prioritization of payments if available funds are insufficient to address all the financial needs requested and recommend changes to this chapter.

(1) The fund committee shall be composed of:

(i) A chairperson, who shall be an officer serving in the grade of Colonel (O6) in the Pennsylvania Army or Air National Guard.

(ii) A vice chairperson, who shall be a non-commissioned officer serving in the grade of Command Sergeant Major or Chief Master Sergeant (E9) in the Pennsylvania Army or Air National Guard.

(iii) Three additional commissioned officers, all of whom shall be serving in the grade of Major or Lieutenant Commander (O4) or above, and at least one of whom shall be a member of a reserve component other than the Pennsylvania National Guard.

(iv) Two additional noncommissioned officers, all of whom shall be serving in the grade of E7 or above, and one of whom may be a member of reserve component other than the Pennsylvania National Guard.

(v) The Deputy Adjutant General for Veterans Affairs and the Deputy for Administration of the Department of Military and Veterans Affairs, or their designees.

(vi) The department’s Office of Chief Counsel will provide legal advice and assistance to the fund committee in a non-voting capacity.

(2) At least three members of the fund committee will constitute a subcommittee for application review. The membership of the subcommittee will rotate based on availability and to ensure that all fund committee members have an equal opportunity to review applications.

(3) Except for review of applications conducted by the subcommittee described in paragraph 6(b)(2), five members of the fund committee will constitute quorum for the conduct of business.

(4) The term of a member of the fund committee will extend from the date of appointment until December 31 of the following year, provided that members will continue to serve until a successor is appointed as long as the member remains eligible. The Adjutant General may extend or adjust the term of service to assure that all terms do not end simultaneously.

(d) Reporting Requirements.

(1) On or before July 31 of every year, the department shall submit a report to the Chairperson and Minority Chairperson of the Appropriations Committee of the Senate, the Chairperson and Minority Chairperson of the Appropriations Committee of the House of Representatives, the Chairperson and Minority Chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Chairperson and Minority Chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives detailing the program guidelines, the number of applicants, the total amount of money raised and distributed and the type of applicant need.

(2) The report shall also set forth any participation by a governmental or nongovernmental organization utilized in the furtherance of the program.

(e) Safeguarding information. Personal information obtained and maintained by the bureau in the administration of the program shall be safeguarded in accordance with the rules at 43 Pa. Code Chapter 1, Subchapter B (relating to safeguarding personal information obtained in the administration of veterans’ programs) and current security management policy issued by the department and the Commonwealth.

This section cited in 43 Pa. Code § 11.4 (relating to application procedures).

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.7 Appeal procedures.

(a) Request for reconsideration. An applicant may ask the bureau or the fund committee for review, as appropriate, to reconsider its determination within 30 days after the notification of determination by submitting a written request, together with a statement of reasons or additional information, to the bureau. After a determination is made on reconsideration, notification shall be sent to the applicant as specified in § 11.5(k) (relating to adjudication procedures).

(b) Form and timeliness of appeal. An applicant aggrieved by a determination on reconsideration may appeal to the Adjutant General in writing within 30 days after notification of the action on reconsideration. Appeals shall be in writing, shall state the reasons for the appeal and describe the requested relief.

(c) Appeal review and determination. In accordance with 51 Pa.C.S. § 7319(b)(4) (relating to military family relief assistance), the Adjutant General will issue the final administrative action of the department on appeals.

This section cited in 43 Pa. Code § 11.5 (relating to adjudication procedures).

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.

43 Pa. Code § 11.8 Effective date.

This chapter shall take effect upon publication of notice in the Pennsylvania Bulletin and apply to all grant applications submitted on or after the effective date.

This section cited in 43 Pa. Code § 11.3 (relating to definitions).

History

• Authority: The provisions of this Chapter 11 added under 51 Pa.
• Source: The provisions of this Chapter 11 added October 27, 2023, effective October 28, 2023, 53 Pa.